Broken Arrow City Council
Meeting of: 1-3-2023
Title:
title
Consideration, discussion, and possible approval of SP-000366-2022, 2002 S Cypress, 0.21 acres, request for a Specific Use Permit for a Type 2 Short Term Rental, one-eighth mile north of Washington Street (91st Street), one-quarter mile east of Garnett Road (113th East Avenue)
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Background:
SP-000366-2022 is a request for a Specific Use Permit for a “Type 2” Short Term Rental on property located one-eighth mile north of Washington St (91st St), one-quarter mile east of Garnett Rd (113th E Ave) at 2002 S Cypress Ave. The property has been platted as Lot 1, Block 4 of Fairfax South II, and is zoned R-2 (Single Family Residential).
Type 2 Short Term Rentals are permitted in the R-2 district with a Specific Use Permit approved by City Council. A short-term rental license is required for each year of operation. With a Type 2 Short Term Rental, up to six individuals or two families are permitted to stay up to 30 days. According to the Zoning Ordinance, one guest room may be permitted for each 2,000 square feet of lot area for a Type 2 Short Term Rental, up to a maximum of four guest rooms. This property has 9,030 square feet of lot area and four guest rooms.
With Type 2 Short Term Rentals, one parking space is required for each guest room, and one for the owner-operator. With four guest rooms, five parking spaces are required for this property. Parking for this house includes a two-car garage and four spaces in the driveway. The applicant did not submit a rental screening plan.
SP-000366-2022 was reviewed by the Planning Commission on December 1, 2022. The applicant’s representative spoke on her behalf regarding the request. She stated that she owns an AirBnB cleaning company and that she met the applicant through Evolve, a Short Term Rental online platform similar to AirBnB. She stated that she would serve as the 24/7 contact for Short Term Rental at this property and that the applicant’s screening process is that which is done by AirBnB. She also stated that they will be installing a Ring Doorbell camera on the home. The applicant lives out of state.
Two residents submitted forms online indicating that they were in opposition to the request without any additional comments. One resident submitted the online form indicating that they were undecided on the item without any additional comments. Four residents submitted online forms stating that they were in opposition and cited concerns regarding the effect on property values, noise, neighborhood quality of life, and safety of families and children in the neighborhood due to traffic and the vetting of guests.
Three residents submitted forms in person stating that they were in opposition to the request, but did not wish to speak. Two residents signed up to speak in opposition to the item and cited concerns over the safety of children in the neighborhood, incompatibility of the use of the property with the neighborhood, and the potential for a lack of maintenance of the property.
The applicant’s representative responded by saying that the applicant is family oriented due to having children. She explained that there is a higher price point for rental at this property due to the size of the home. She also explained that long term renters can be worse.
Staff recommended that SP-000366-2022 be approved subject to the following:
1. SP-000366-2022 shall be only for the current property owner. If ownership of the property changes, the Specific Use Permit for a short term rental shall expire.
After reviewing the information presented in the Staff report and by the applicant, the Planning Commission recommended approval (4-0) of SP-000366-2022 per Staff recommendation.
On Wednesday December 28, 2022, two residents submitted letters in opposition addressed to the City Council that have been included in the attachments for this item. Photos of the property taken by Staff on December 29, 2022 are also included in the attachments for this item.
Cost: $0
Funding Source: None
Requested By: Jill Ferenc, Interim Director of Community Development
Approved By: City Manager’s Office
Attachments: Published Planning Commission Staff report
Case Map
Aerial photo
Comprehensive Plan
Letters to Council submitted 12-28-2022
Photos of the property 12-29-2022
Recommendation:
recommend
Approve SP-000366-2022 per Planning Commission and Staff recommendation.
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